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CIRCULAR No

CIRCULAR No.16-LDTBXH/TT OF APRIL 23, 1997 PROVIDING GUIDANCE ON THE SHORTENED WORKING DAY APPLICABLE TO THE PERSONS ENGAGED IN EXCEPTIONALLY HEAVY, HARMFUL AND HAZARDOUS WORK

In furtherance of Decree No. 195-CP of December 31, 1994 of the Government "detailing and guiding the implementation of a number of Articles of the Labor Code concerning the working time and the rest time",. Clause 2, Article 68 of the Labor Code; the Ministry of Labor, War Invalids and Social Affairs gives the following guidance on the shortened daily working day applicable to the persons engaged in the exceptionally heavy, harmful and hazardous work:

I. OBJECTS AND SCOPE OF APPLICATION

The shortened working day shall apply to persons engaged in exceptionally heavy, harmful and hazardous work in the following enterprises, agencies and organizations:

- State enterprises;

- Enterprises of other economic sectors;

- Organizations and individuals employing labor for production and/or business activities;

- Enterprises with foreign invested capital, enterprises in the export processing zones and industrial zones;

- Foreign agencies and organizations, international organizations in Vietnam employing Vietnamese;

- Non-business, production, business and service units of the administrative and non-business agencies, political and social organizations, mass organizations;

- Administrative and non-business agencies;

- Agencies, political and social organizations, mass organizations.

For the persons engaged in exceptionally heavy, harmful and hazardous work in enterprises of the special category, the officers, non-commissioned officers and soldiers in the people’s armed forces and the people’s police and the persons engaged in special jobs described in Article 80 of the Labor Code, Article 12 of Decree No. 195-CP of December 31, 1994 of the Government, separate regulations shall apply.

II. SHORTENED WORKING DAY

1. The working day shall be reduced by 02 (two) hours per day for those engaged in exceptionally heavy, harmful and hazardous work on the list of exceptionally heavy, harmful and hazardous occupations and work issued together with the Decision of the Minister of Labor, War Invalids and Social Affairs.

2. Every day, during 6 consecutive hours of performing exceptionally heavy, harmful and hazardous work, the laborers shall have at least 30 minutes of rest if they work in day-time or at least 45 minutes of rest if they work on night shifts.

3. The persons engaged in exceptionally heavy, harmful and hazardous work shall not be allowed to work overtime for more than 3 hours per day and for a total of not more than 9 hours per week.

4. The persons engaged in occupations for which the working time is shortened shall be eligible for full payment of wages and allowances (if any) and other entitlements prescribed in the Labor Code and the documents guiding the implementation of the Labor Code.

III. ORGANIZATION OF IMPLEMENTATION

1. The employers in the enterprises, organizations and agencies defined in Point 1, Item I of this Circular shall have to:

a/ Apply the shortened working time as prescribed for those who do exceptionally heavy, harmful and hazardous work on the list of exceptionally heavy, harmful and hazardous occupations and work issued together with Decisions No. 1453/LDTBXH-QD of October 13, 1995, No. 915/LDTBXH-QD of July 30, 1996 and No. 1629-LDTBXH-QD of December 26, 1996 as well as Decisions signed by the Minister of Labor, War Invalids and Social Affairs to issue the list of exceptionally heavy, harmful and hazardous occupations and work after the effective date of this Circular.

b/ Write down in the labor contracts and collective labor agreements and define in the enterprises’ labor regulations on the working time and rest time regime, the shortened working day regime and other regimes for those engaged in exceptionally heavy, harmful and hazardous work.

2. The Ministries, branches, People’s Committees of the provinces and the cities directly under the Central Government shall have to direct the competent agencies under their charge to inspect and supervise the implementation of this Circular by the enterprises.

This Circular takes effect 15 days after its signing.

Any problem arising in the course of implementation should be reported to the Ministry of Labor, War Invalids and Social Affairs for solution.

The Minister of Labor, War Invalids and Social Affairs

TRAN DINH HOAN